ACYF-CB-PI-09-06: Attachment C: Child Abuse and Neglect Prevention and Treatment State Plan Assurances

State Chief Executive Officer's Assurance Statement
for The Child Abuse and Neglect State Plan

As Chief Executive Officer of the State of __________________________________, I certify that the State has in effect and is enforcing a State law, or has in effect and is operating a Statewide program, relating to child abuse and neglect which includes:

provisions or procedures for reporting known or suspected instances of child abuse and neglect (section 106(b)(2)(A)(i) of the Child Abuse Prevention and Treatment Act (CAPTA), as amended);

policies and procedures (including appropriate referrals to child protection service systems and for other appropriate services) to address the needs of infants born and identified as affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure, including a requirement that health care providers involved in the delivery or care of such infants notify the child protective services system of the occurrence of such condition in such infants (section 106(b)(2)(A)(ii)of CAPTA);

the development of a plan of safe care for the infant born and identified as being affected by illegal substance abuse or withdrawal symptoms (section 106(b)(2)(A)(iii) of CAPTA);

procedures for the immediate screening, risk and safety assessment, and prompt investigation of such reports (section 106(b)(2)(A)(iv) of CAPTA);

triage procedures for the appropriate referral of a child not at risk of imminent harm to a community organization or voluntary preventive service (section 106(b)(2)(A)(v) of CAPTA);

procedures for immediate steps to be taken to ensure and protect the safety of the abused or neglected child, and of any other child under the same care who may also be in danger of abuse or neglect; and ensuring their placement in a safe environment (section 106(b)(2)(A)(vi) of CAPTA);

provisions for immunity from prosecution under State and local laws and regulations for individuals making good faith reports of suspected or known instances of child abuse or neglect (section 106(b)(2)(A)(vii) of CAPTA);

methods to preserve the confidentiality of all records in order to protect the rights of the child and of the child's parents or guardians, including requirements ensuring that reports and records made and maintained pursuant to the purposes of CAPTA shall only be made available to—

individuals who are the subject of the report;
Federal, State, or local government entities, or any agent of such entities, as described in number 9 below;
child abuse citizen review panels;
child fatality review panels;
a grand jury or court, upon a finding that information in the record is necessary for the determination of an issue before the court or grand jury; and
other entities or classes of individuals statutorily authorized by the State to receive such information pursuant to a legitimate State purpose (section 106(b)(2)(A)(viii) of CAPTA);

provisions to require a State to disclose confidential information to any Federal, State, or local government entity, or any agent of such entity, that has a need for such information in order to carry out its responsibility under law to protect children from abuse and neglect (section 106(b)(2)(A)(ix) of CAPTA);

provisions which allow for public disclosure of the findings or information about the case of child abuse or neglect which has resulted in a child fatality or near fatality (section 106(b)(2)(A)(x) of CAPTA);

the cooperation of State law enforcement officials, court of competent jurisdiction, and appropriate State agencies providing human services in the investigation, assessment, prosecution, and treatment of child abuse or neglect (section 106(b)(2)(A)(xi) of CAPTA);

provisions requiring, and procedures in place that facilitate the prompt expungement of any records that are accessible to the general public or are used for purposes of employment or other background checks in cases determined to be unsubstantiated or false, except that nothing in this section shall prevent State child protective services agencies from keeping information on unsubstantiated reports in their casework files to assist in future risk and safety assessment (section 106(b)(2)(A)(xii) of CAPTA);

provisions and procedures requiring that in every case involving an abused or neglected child which results in a judicial proceeding, a guardian ad litem, who has received training appropriate to the role, and who may be an attorney or a court appointed special advocate who has received training appropriate to that role (or both), shall be appointed to represent the child in such proceedings-

to obtain firsthand, a clear understanding of the situation and needs of the child; and
to make recommendations to the court concerning the best interests of the child (section 106(b)(2)(A)(xiii) of CAPTA);

the establishment of citizen review panels in accordance with subsection 106(c) (section 106(b)(2)(A)(xiv) of CAPTA);

provisions, procedures, and mechanisms -

for the expedited termination of parental rights in the case of any infant determined to be abandoned under State law; and
by which individuals who disagree with an official finding of abuse or neglect can appeal such finding (section 106(b)(2)(A)(xv) of CAPTA);

provisions, procedures, and mechanisms that assure that the State does not require reunification of a surviving child with a parent who has been found by a court of competent jurisdiction--

to have committed a murder (which would have been an offense under section 1111(a) of title 18, United States Code, if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of another child of such parent;
to have committed voluntary manslaughter (which would have been an offense under section 1112(a) of title 18, United States Code, if the offense had occurred in the special maritime or territorial jurisdiction of the Unites States) of another child of such parent;
to have aided or abetted, attempted, conspired, or solicited to commit such murder or voluntary manslaughter; or
to have committed a felony assault that results in the serious bodily injury to the surviving child or another child of such parent (section 106(b)(2)(A)(xvi) of CAPTA);

provisions that assure that, upon the implementation by the State of the provisions, procedures, and mechanisms under number 16 above, conviction of any one of the felonies listed in number 16 above constitute grounds under State law for the termination of parental rights of the convicted parent as to the surviving children (section 106(b)(2)(A)(xvii) of CAPTA);

provisions and procedures to require that a representative of the child protective services agency shall, at the initial time of contact with the individual subject to a child abuse and neglect investigation, advise the individual of the complaints or allegations made against the individual, in a manner that is consistent with laws protecting the rights of the reporter (section 106(b)(2)(A)(xviii) of CAPTA);

provisions addressing the training of representatives of the child protective services system regarding the legal duties of the representatives, which may consist of various methods of informing such representatives of such duties, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment (section 106(b)(2)(A)(xix) of CAPTA);

provisions and procedures for improving the training, retention and supervision of caseworkers (section 106(b)(2)(A)(xx) of CAPTA);

provisions and procedures for referral of a child under the age of 3 who is involved in a substantiated case of child abuse or neglect to early intervention services funded under part C of the Individuals with Disabilities Education Act (section 106(b)(2)(A))(xxi) of CAPTA);

provisions and procedures for requiring criminal background checks for prospective foster and adoptive parents and other adult relatives and non-relatives residing in the household (section 106(b)(2)(A)(xxii) of CAPTA);

procedures for responding to the reporting of medical neglect (including instances of withholding of medically indicated treatment from disabled infants with life-threatening conditions), procedures or programs, or both (within the State child protective services system), to provide for--

coordination and consultation with individuals designated by and within appropriate health care facilities;
prompt notification by individuals designated by and within appropriate health-care facilities of cases of suspected medical neglect (including instances of withholding of medically indicated treatment from disabled infants with life-threatening conditions); and
authority, under State law, for the State child protective services system to pursue any legal remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction, as may be necessary to prevent the withholding of medically indicated treatment from disabled infants with life-threatening conditions (section 106(b)(2)(B) of CAPTA);

an assurance that the programs or projects relating to child abuse and neglect carried out under part B of title IV of the Social Security Act comply with the requirements in 106(b)(1) and (2) of CAPTA; and

authority under State law to permit the child protective services system of the State to pursue any legal remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction, to provide medical care or treatment for a child when such care or treatment is necessary to prevent or remedy serious harm to the child, or to prevent the withholding of medically indicated treatments from disabled infants with life-threatening conditions (section 113 of CAPTA).

Signature of Chief Executive Officer:

________________________________________________

Dated:_____________________________________________________

Reviewed by:_______________________________________________
(ACF Regional Representative)

Dated:_____________________________________________________

PI 09-06
HTML or PDF (121 KB)

Attachments

Attachment A:

Fiscal Year 2009 Allotment Title IV-B Subpart 1 Stephanie Tubbs Jones Child Welfare Services
HTML or PDF (23 KB)

Fiscal Year 2009 Allotment Title IV-B Subpart 2 Promoting Safe and Stable Families
HTML or PDF (14 KB)

Fiscal Year 2009 Allotment for CAPTA
HTML or PDF (14 KB)

Fiscal Year 2009 Allotment for Chafee Foster Care Independence Program Allotments
HTML or PDF (13 KB)

Fiscal Year 2009 Allotment for Education and Training Vouchers
HTML or PDF (12 KB)

Fiscal Year 2010 Estimated Allotment for Title IV-B, Subpart 2 Monthly Caseworker Visit Funds
HTML or PDF (17 KB)

Attachment B:

Current Variances in the Title IV-B Provisions of Law and Regulations
HTML or PDF (29 KB)

Attachment C:

Stephanie Tubbs Jones Child Welfare Services Program (title IV-B, subpart 1) Assurances
HTML or PDF (23 KB)

Promoting Safe and Stable Families (title IV-B, subpart 2) Assurances
HTML or PDF (23 KB)

State Chief Executive Officer's Assurance Statement for the Child Abuse and Neglect State Plan
HTML or PDF (38 KB)

State Chief Executive Officer's Certification for the Chafee Foster Care Independence Program
HTML or PDF (21 KB)

State Chief Executive Officer's Certifications for the Education and Training Voucher Program/Chafee Foster Care Independence Program
HTML or PDF (19 KB)

Tribal Leader's Certification for the Education and Training Voucher Program Chafee Foster Care Independence Program
HTML or PDF (20 KB)

Attachment D:

CFS-101 Part I: Annual Budget Request for Title IV-B, Subparts 1 and 2, CAPTA, Chafee Foster Care Independence (CFCIP) and Education and Training Voucher (ETV) Program Instructions
HTML or PDF (14 KB)

CFS-101 Part I: Annual Budget Request for Title IV-B, Subparts 1 and 2, CAPTA, Chafee Foster Care Independence (CFCIP) and Education and Training Voucher (ETV) Program Form
HTML or PDF (42 KB)

CFS-101, Part II: Annual Summary of Child and Family Services Instructions
HTML or PDF (33 KB)

CFS-101, Part II: Annual Summary of Child and Family Services Form
HTML or PDF (33 KB)

CFS-101, Part III: Annual Expenditures for Title IV-B, Subparts 1 and 2, CAPTA, Chafee Foster Care Independence (CFCIP) and Education and Training Voucher (ETV) Instructions
HTML PDF (17 KB)

CFS-101, Part III: Annual Expenditures for Title IV-B, Subparts 1 and 2, CAPTA, Chafee Foster Care Independence (CFCIP) and Education and Training Voucher (ETV) Form
HTML or PDF (33 KB)

Attachment E:

Children's Bureau Regional Program Managers
HTML or PDF (16 KB)